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Patna High CourtCR. MISC./90244/2025disposed

Pravin Kumar v. The State Of Bihar

2026-01-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90244 of 2025 Arising Out of PS. Case No.-1103 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

PRAVIN KUMAR S/o Munai Lal Sah @ Munga Sah @ Munga Lal Sah R/o vill - Bengha, Hatiyagachhi, ward no. 4/10, P.S. and Distt.- Saharsa 2.

Munai Lal Sah @ Munga Sah @ Munga Lal Sah S/o Late Ramfal Sah R/o vill - Bengha, Hatiyagachhi, ward no. 4/10, P.S. and Distt.- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a) and 30(c) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 15 litres of liquor from a bamboo orchard. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to villagers at large and they

Patna High Court CR. MISC. No.90244 of 2025(2) dt.08-01-2026 2/3 came to be implicated at the instance of local person but the name of person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Saharsa P.S. Case No.1103/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be

Patna High Court CR. MISC. No.90244 of 2025(2) dt.08-01-2026 3/3 confirmed with respect but if after verification it is found that petitioners are persons with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T